LEBANON TRIBUNAL: P-3 AND CHATAH AGREE TO PUSH FOR

C O N F I D E N T I A L USUN NEW YORK 000408 SIPDIS SIPDIS SENSITIVE FOR IO AND NEA FRONT OFFICES E.O. 12958: DECL: 05/23/2017 TAGS: PREL PTER UNSC SY LE SUBJECT: LEBANON TRIBUNAL: P-3 AND CHATAH AGREE TO PUSH FOR VOTE ON MAY 29 PAGE 02 RUCNDTA0408 C O N F I D E N T I A L REF: USUN 401 CLASSIFIED BY: AMBASSADOR ZALMAY M. KHALILZAD, PER 1.4 (B) AND (D). ¶1. (C) SUMMARY. P-3 PERMREPS AGREED ON MAY 23 TO TABLE THE RESOLUTION ON THE SPECIAL TRIBUNAL FOR LEBANON IN THE COUNCIL ON THE MORNING OF MAY 25, PUT THE TEXT "IN BLUE" THE EVENING OF MAY 25, AND PUSH FOR A VOTE ON MAY 29. (NOTE: MAY 28 IS A UN HOLIDAY. END NOTE.) DURING A SEPARATE MEETING WITH P-3 AMBASSADORS ON MAY 29, GOL SENIOR FOREIGN POLICY ADVISOR MOHAMAD CHATAH, WHO WAS ACCOMPANIED BY DEPUTY SPEAKER OF THE LEBANESE PARLIAMENT FARID MAKKAR AND LEBANESE JUDGES CHOUKRI SADR AND RALPH RIACHY, AGREED WITH THIS TIMELINE. ARGUING THAT THE P-3 SHOULD ONLY MAKE "MINIMAL" CHANGES TO THE TEXT, FRENCH PR DE LA SABLIERE PROPOSED ADDING A "SUNRISE" PROVISION THAT WOULD MAKE THE RESOLUTION EFFECTIVE ON A FUTURE DATE -- BOTH JUNE 1 AND JUNE 5 WERE FLOATED AS POSSIBILITIES -- UNLESS LEBANON RATIFIES THE AGREEMENT AND STATUTE BEFORE THAT DATE. CHATAH SAID THE GOL COULD SUPPORT THIS CHANGE TO THE TEXT. SEPARATELY, SECRETARY-GENERAL BAN PAGE 03 RUCNDTA0408 C O N F I D E N T I A L TOLD AMBASSADOR KHALILZAD THAT HE WOULD INITIATE CALLS TO CONGO, GHANA, PANAMA, AND PERU BEGINNING MAY 24 TO PRESS THEM TO SUPPORT THE RESOLUTION. END SUMMARY. SEQUENCE OF STEPS -------------- ¶2. (C) P-3 PERMREPS AGREED TO INTRODUCE THE RESOLUTION DURING COUNCIL CONSULTATIONS ON THE MORNING OF MAY 25, PUT THE TEXT "IN BLUE" THE EVENING OF MAY 25, AND PUSH FOR A VOTE ON MAY ¶29. (NOTE: THE P-3 INITIALLY AGREED WITH CHATAH TO TABLE THE TEXT FON MAY 24, BUT THE FRENCH LATER CALLED BACK TO SAY THAT PARIS DID NOT WANT TO ACT THAT DAY BECAUSE FRENCH FM KOUCHNER WOULD ARRIVE IN BEIRUT THE SAME DAY. END NOTE.) THE U.S. PROPOSED THAT P-3 AMBASSADORS ENGAGE THEIR UNSC COUNTERPARTS BILATERALLY AGAIN ON MAY 25 TO PUSH FOR SUPPORT FOR THE DRAFT TEXT. THE U.S. WOULD ENGAGE RUSSIA, CHINA, PANAMA, AND PERU; FRANCE WOULD APPROACH CONGO, BELGIUM, ITALY, AND INDONESIA; AND THE UK WOULD ENGAGE GHANA, SLOVAKIA, SOUTH AFRICA, AND QATAR. PAGE 04 RUCNDTA0408 C O N F I D E N T I A L ¶3. (C) THE P-3 WOULD THEN CONTINUE THEIR HIGH-LEVEL DEMARCHES BEFORE MAY 29 IN UNSC CAPITALS -- ESPECIALLY PERU, PANAMA, CONGO, AND GHANA -- TO ENSURE WE HAVE AT LEAST NINE VOTES IN FAVOR. AMBASSADOR KHALILZAD REPORTED THAT SYG BAN HAD AGREED TO CONTACT PERU, PANAMA, CONGO, AND GHANA TO URGE THEM TO SUPPORT COUNCIL ACTION ON THE TRIBUNAL. AMBASSADOR KHALILZAD NOTED THAT SECRETARY RICE PLANNED TO CALL SOUTH AFRICA TODAY AND SAID THE SECRETARY OR OTHER SENIOR U.S. OFFICIALS WOULD MAKE CALLS TO THE LEADERS OF UNCOMMITTED LATIN AMERICAN AND AFRICAN STATES. IF WE DO NOT HAVE NINE CONFIRMED VOTES ON THE MORNING OF MAY 29, P-3 PERMREPS AGREED WE SHOULD POSTPONE THE VOTE. ¶4. (C) CHATAH AGREED WITH THE P-3 STRATEGY. HE ACKNOWLEDGED THAT POSTPONING THE VOTE ON MAY 29 BECAUSE WE DO NOT HAVE NINE VOTES IN FAVOR WOULD APPEAR TO BE A SETBACK TO THE P-3/GOL EFFORT, BUT HE AGREED THAT THE P-3 HAVE TO PUT THE TEXT IN BLUE AND CALL FOR A VOTE IN ORDER TO FORCE DELEGATIONS TO TAKE A STAND ON THE RESOLUTION. HE REPORTED PAGE 05 RUCNDTA0408 C O N F I D E N T I A L THAT PM SINIORA WOULD SOON CALL THE HEADS OF STATE OR GOVERNMENT OF CONGO, GHANA, PERU, PANAMA, AND ITALY. SINIORA HAD ALREADY SPOKEN WITH ITALIAN FM D'ALEMA, SAG PRESIDENT MBEKI, AND OFFICIALS IN INDONESIA TO URGE SUPPORT FOR THE RESOLUTION. CHATAH ADDED THAT SINIORA HAD ALSO URGED SAUDI ARABIA TO LOBBY INDONESIA FOR ITS SUPPORT. LEBANESE MP SA'AD HARIRI WAS ALSO IN TOUCH WITH CONGO, SAUDI ARABIA, AND INDONESIA. MINIMAL CHANGES TO THE TEXT -------------- ¶5. (C) FRENCH PR DE LA SABLIERE ARGUED THAT THE P-3 SHOULD MAKE ONLY MINIMAL CHANGES TO THE DRAFT RESOLUTION AND URGED AGAINST GIVING WAVERING UNSC DELEGATIONS THE IMPRESSION THAT MORE SIGNIFICANT CHANGES MIGHT BE POSSIBLE. ONE CHANGE THE P-3 COULD MAKE BEFORE PUTTING THE TEXT IN BLUE, HOWEVER, WAS TO ADD A "SUNRISE" PROVISION STATING THAT THE RESOLUTION WILL COME INTO EFFECT ON A FUTURE DATE -- BOTH JUNE 1 AND JUNE 5 WERE FLOATED AS POSSIBILITIES -- UNLESS LEBANON RATIFIES THE PAGE 06 RUCNDTA0408 C O N F I D E N T I A L TRIBUNAL AGREEMENT AND STATUTE BEFORE THAT TIME. CHATAH SAID THE GOL COULD SUPPORT ADDING SUCH A PROVISION AND REPORTED THAT THE INDONESIANS SEEMED INTERESTED IN THIS IDEA. IN A SEPARATE CONVERSATION MAY 23 BETWEEN AMBASSADOR KHALILZAD AND SYG BAN, BAN SAID HE BELIEVED A SUNRISE PROVISION WOULD BE HELPFUL TO SECURITY COUNCIL MEMBER STATES AND THE UN. PAGE 02 RUCNDTA0408 C O N F I D E N T I A L ¶6. (C) IN THE P-3 MEETING WITH CHATAH, DE LA SABLIERE ASKED ABOUT THE RISK THAT GOL PRESIDENT LAHOUD MIGHT DISSOLVE PARLIAMENT IF IT DOES NOT MEET BY MAY 31 AND FORM A RIVAL GOVERNMENT AND/OR PARLIAMENT. DEPUTY PARLIAMENT SPEAKER MAKKARI DISCOUNTED SUCH CONCERNS ON THE GROUNDS THAT LAHOUD DOES NOT POSSESS SUCH AUTHORITY UNDER THE LEBANESE CONSTITUTION. AMBASSADOR KHALILZAD NOTED THAT THE RUSSIANS HAD RAISED OBJECTIONS TO THE REFERENCE TO CHAPTER VII IN THE DRAFT RESOLUTION. CHATAH ACKNOWLEDGED RUSSIAN CONCERNS BUT ARGUED THAT DELETING THE REFERENCE TO CHAPTER VII WOULD AMOUNT TO A POLITICAL DEFEAT FOR THE GOL DOMESTICALLY. UK DPR PIERCE ADDED THAT THE RESOLUTION MIGHT FACE LEGAL CHALLENGES IN THE FUTURE IF IT DID NOT CONTAIN AN EXPLICIT REFERENCE TO CHAPTER VII. KHALILZAD